The Commandant’s interview with NPR on Monday (discussed in this post) is generating controversy because of apparent contradictions in his statements during the interview and between the interview and statements by other senior Marine leaders, according to this Marine Corps Times story. The story includes the following interesting paragraph:
Later, in August 2012, Amos emailed Mills to convey displeasure with the general’s intended approach to notifying the media about three cases that had been disposed of via nonjudicial punishment. “Rich,” Amos wrote, “if this is our official press release, then I don’t like it at all. We routinely publish NJPs in base newspapers to include specific charges, the names, and the punishments allotted. This smacks of us not doing anything punitively — ie, “an administrative procedure” — and looks like we are trying to hide evidence. I want somebody to come back to me this afternoon to talk about this.”
(emphasis added). Readers may be familiar with the significant disclosure limitations for nonjudicial punishment records contained within paragraph 0115 of the Manual of the Judge Advocate General of the Navy (JAGINST 5800.7F) (link).
According to an Associated Press story, a new prosecutor has been assigned to replace LTCOL Helixon whose departure from the BGEN Sinclair case generated a lot of discussion in this post from last week. According to the AP story (last paragraph) the new prosecutor has “indicated that the woman’s immunity agreement remains intact and that the case will proceed to trial.”
In the here-we-go-again category, The Washington Times reports that: “Sen. Kirsten Gillibrand will get her second shot to strip military commanders of their ability to decide whether to convene a trial in sex-assault cases as the Senate prepares to return to the issue next month.”
While not a military justice case, Stripes has this story of a former Army sniper who received a Bronze Star for actions in Afghanistan, but who after returning home realized that “there was a hole in his life, but he found a way to fill it: robbing banks.”
And finally, also from The Marine Corps Times is this article entitled: Sex assault and the pressure to prosecute: why some Marines fear justice is no longer blind. Captain Nicholas Stewart – whose conviction for aggravated sexual assault was set aside by CAAF in United States v. Stewart, 71 MJ 38 (C.A.A.F. 2012) (CAAFlog case page), due to a combination of a poorly-drafted charge and bad instructions from the military judge – is featured prominently in the piece.